Nothing is safe from the eye's of the goverment.

To me this is going to far when Im on duty and feel like arresting a drug user I don't need no data base I just ride down the street. I can see who is abusing and selling it's called police work, patroling your beat and making contact with the citizens. This goes to far and is a invasion into one's private life and will be used for other purposes such gun control. They find a person to be on a anti-depresant who's to say they wont try and make a person mentally unfit to own.

That is apt to change come Monday, however, says Sen. Evan Jenkins, D-Cabell.
Earlier in the week, Jenkins followed an amendment by Sen. Dan Foster, D-Kanawha, opening the door for sheriffs by getting a second change approved in the Senate Judiciary Committee to require deputies show “probable cause” before tapping into the database.

Jenkins says he anticipates the sheriffs amendment to be removed when the governor’s bill is taken up Monday by Senate Finance Chairman Roman Prezioso, D-Marion.

“I suspect we will see, in the end, a study resolution that will, over the course of the summer, enable us to craft something that protects patients’ rights and confidentiality, but also gives law enforcement the tools they need to fight this crisis,” Jenkins said.

Tomblin’s director of public policy, Hallie Mason, has said the administration prefers this issue be taken up in this year’s interims.

In a related vein, a fresh bill that Jenkins pushed with Sen. Mike Green, D-Raleigh, allows the Boards of Medicine, Osteopathy and Dentistry to initiate disciplinary proceedings, based on pharmacy data.

“Our database in the past has really been simply reactive,” Jenkins said.

Jenkins said the new bill clarifies that licensing boards have a role to play in the war against drug abuse.

Ever since the session opened, the West Virginia Sheriffs Association has lobbied to liberalize the database so they could have access while conducting drug investigations.

Under the current practice, no one can get inside unless a law enforcement agency has a federally recognized drug task force.

Raleigh County Sheriff Steve Tanner has often said that access is crucial in a timely manner when pursuing traffickers.

“This has been an interesting issue this session,” Jenkins said.

“Sheriffs have understandably been very anxious to try to have access to the database.”

Jenkins voiced respect for Tanner’s efforts on behalf of sheriffs, saying he understands his concern over the database.

“He is out there on the front lines, doing what he can and wants to use every toll available,” he said.

“I am with him on the importance of using the powerful tools we have to fight this epidemic. I applaud his passion.”

But Jenkins said once police have unlimited access, the entire inventory is open to them, and they operate on an honor system.

“We can’t let that practice continue,” he said. “It’s simply too risky. I’ve been pushing for a more structured process that can get law enforcement the information they need for legitimate law enforcement reasons while protecting the personal and confidential health information for everyone else.”

Jenkins said he supports access, but on a limited basis, noting the database contains confidential patient information involving medications considered controlled substances that were prescribed all the way back to 2002.

“There are over 42 million records in the database,” he said.

“I believe we ought to be very, very careful. Through this process, I think everybody has learned a lot more about how the database works.”

Jenkins said unfettered access would let sheriffs pry into 42 million records.

“The sheriffs are critical in the fight against this prescription drug crisis,” he said.

“They need information. They need it fast and they should have access to the database. But we also have a right to privacy. One person, using the database the wrong way, could make this information public. That’s unacceptable to me.”

Jenkins said he wants an improved process in code that is used by other states on how law enforcement agencies get into the database.

In talks with sheriffs and others in law enforcement, he added, “I think we’re all heading now in the same direction of better access but more proper access to the database.”

Green said he readily supported SB647 that came out of the Government Organization Committee to expand the powers of the three medical boards.

“Anything we can to do help combat this epidemic of prescription drug abuse, I think, is a good move in the right direction,” Green added.

"If the Constitution and the Union established by our forefathers" were "restored" then there will be no truer supporters of that union and that Constitution than the Southern people. Every brave people who considered their rights attacked and their Constitutional liberties invaded, would have done as we did. Our conduct was not caused by any insurrectionary spirit nor can it be termed rebellion, for our construction of the Constitution under which we lived and acted was the same from its adoption and for eighty years we have been taught and educated by the founders of the Republic and their written declaration which controlled our consciences and actions."(General R.E. Lee)

"If the Constitution and the Union established by our forefathers" were "restored" then there will be no truer supporters of that union and that Constitution than the Southern people. Every brave people who considered their rights attacked and their Constitutional liberties invaded, would have done as we did. Our conduct was not caused by any insurrectionary spirit nor can it be termed rebellion, for our construction of the Constitution under which we lived and acted was the same from its adoption and for eighty years we have been taught and educated by the founders of the Republic and their written declaration which controlled our consciences and actions."(General R.E. Lee)

I know there are a few but after working the street if you do your job right you should be able to pick them out if you have ever seen night of the living dead. They are the one walking around in a daze with a blank stare, dirty clothes with the stench of death, body odor and urine. When you speak to them they just grunt and groan while drooling on them self.

Heres a pic I give to my boots as training aid

How to identify a drug abuser

Female Male

Male

My Mother-In-Law

I dont need no Data Base these examples have worked for 17 years and i have a good arrest and conviction rate. Oh and the one of my Mother-In-Law is a new one taken last week. It is for officer safety (LOL)

"If the Constitution and the Union established by our forefathers" were "restored" then there will be no truer supporters of that union and that Constitution than the Southern people. Every brave people who considered their rights attacked and their Constitutional liberties invaded, would have done as we did. Our conduct was not caused by any insurrectionary spirit nor can it be termed rebellion, for our construction of the Constitution under which we lived and acted was the same from its adoption and for eighty years we have been taught and educated by the founders of the Republic and their written declaration which controlled our consciences and actions."(General R.E. Lee)

It just amazes me to see how the goverment is openly walking in the back door to violate everyones privacy. Then they vote for it or against it and we have no say. As if they know whats best for us their job is to manage the country as we the people see fit not manage us the people as they see fit. When is it going to stop or is?

"If the Constitution and the Union established by our forefathers" were "restored" then there will be no truer supporters of that union and that Constitution than the Southern people. Every brave people who considered their rights attacked and their Constitutional liberties invaded, would have done as we did. Our conduct was not caused by any insurrectionary spirit nor can it be termed rebellion, for our construction of the Constitution under which we lived and acted was the same from its adoption and for eighty years we have been taught and educated by the founders of the Republic and their written declaration which controlled our consciences and actions."(General R.E. Lee)

They are the one walking around in a daze with a blank stare, dirty clothes with the stench of death, body odor and urine. When you speak to them they just grunt and groan while drooling on them self.

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Without knowing it you just described most of the people that voted for Zero and will again this year!

"There's no way to rule innocent men. The only power government has is the power to crack down on criminals. Well, when there aren't enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws." - Ayn Rand

My Mileage Does Vary - MM

How can you be tried by your peers when 90% of the people are not your peers. - MM

"If the Constitution and the Union established by our forefathers" were "restored" then there will be no truer supporters of that union and that Constitution than the Southern people. Every brave people who considered their rights attacked and their Constitutional liberties invaded, would have done as we did. Our conduct was not caused by any insurrectionary spirit nor can it be termed rebellion, for our construction of the Constitution under which we lived and acted was the same from its adoption and for eighty years we have been taught and educated by the founders of the Republic and their written declaration which controlled our consciences and actions."(General R.E. Lee)

Exceptions for Law Enforcement Access
There are a number of exceptions that permit law enforcement officials to access protected health information. These exceptions bypass the requirement that the individual consent or be given an opportunity to decide whether his or her protected health information will be disclosed.

Required by law/mandatory reporting laws: A covered entity may disclose protected health information to law enforcement officials if it is required to do so by law.5 An example would be a state law mandating the reporting of certain wounds or other physical injuries.

As permitted by a judicial officer: Law enforcement officials may obtain protected health information from a covered entity if they have a court order, warrant, subpoena or summons issued by a judicial officer or a grand jury subpoena.6

Restricted access for administrative requests: An administrative subpoena may be used to obtain protected health information. In order to use an administrative subpoena, however, the following criteria must be met: 1) The information sought must be relevant and material to a legitimate investigation, 2) the request must be specific and limited in scope to meet its intended purpose, and 3) information that does not reveal the individual’s identity could not reasonably be substituted for the information sought.7

Restricted access for the purpose of identifying or locating a suspect: Except for disclosures required by law, information provided to law enforcement officials for the purpose of identifying or locating a suspect, fugitive, material witness or missing person is limited. In response to such a request, a covered entity may disclose 1) name and address, 2) date and place of birth, 3) social security number, 4) blood type, 5) type of injury, 6) date and time of treatment, 7) date and time of death if applicable and 8) description of distinguishing physical characteristics.8 When the information sought is for identification and location purposes, a covered entity may not provide any information related to an individual’s DNA or DNA analysis, dental records or analysis of body fluids or tissue.9

Victims of a crime: Health care entities may also provide law enforcement officials with an individual’s protected health information if the individual is a suspected victim of a crime.10 In such cases, covered entities can only disclose information if 1) the individual agrees to disclosure, or 2) the covered entity cannot obtain the individual’s agreement because of incapacity or an emergency.11 In cases of incapacity or emergency, it is necessary that 1) the law enforcement official represents that such information is needed to determine whether a crime was committed by someone other than the individual and will not be used against the victim, 2) the law enforcement official represents that law enforcement activity depends on disclosure and would be materially affected by waiting for the individual’s consent, and 3) the covered entity, while exercising professional judgment, determines that disclosure is in the best interest of the individual.12

Decedents: If a health care provider suspects that an individual has died as a result of criminal conduct, it may disclose protected health information about the decedent to a law enforcement official.13

Crime on premises: If a covered entity believes in good faith that protected health information is evidence of criminal conduct that occurred on the premises of the covered entity, it may disclose the information to a law enforcement official.14

Reporting crime in emergencies: A health care provider rendering emergency medical care off the premises may disclose protected health information to a law enforcement official if the disclosure is needed to alert law enforcement to 1) the commission and nature of a crime, 2) the location or victims of such crime, and 3) the identity, description and location of the perpetrator.15 This exception does not apply if the covered health care provider believes the emergency is a result of abuse, neglect or domestic violence.16

Victims of abuse, neglect or domestic violence: A covered entity that believes an individual has been the victim of abuse may disclose the individual’s protected health information to a government agency that is authorized by law to receive reports of abuse, neglect or domestic violence. Such disclosures are only permitted if at least one of the following applies: 1) the disclosure is required by law, 2) the individual has agreed to the disclosure, 3) the covered entity is expressly authorized by law to disclose such information and the disclosure is necessary to prevent serious harm to someone, and 4) the covered entity is expressly authorized by law to disclose such information and the law enforcement agency represents both that the information will not be used against the individual and that law enforcement activity would be significantly hindered by waiting to get the individual’s consent.17 In these cases, the covered entity must promptly inform the individual that the disclosure was made, unless 1) informing the individual would place the individual at risk of serious harm or 2) the covered entity would be informing the individual’s personal representative who is responsible for the abuse, neglect or domestic violence.18

Averting a serious threat to health or safety: A covered entity may disclose protected health information if it believes: 1) the disclosure is needed to prevent or lessen a serious and imminent threat to the health or safety of a person or the public, and the recipient is able to lessen the threat; or 2) the disclosure is critical to law enforcement’s ability to identify or apprehend an individual who either appears to have escaped from the custody of law enforcement or made a statement admitting participation in a violent crime.19 A covered entity acting on such a belief is presumed to be acting in good faith. An entity covered by HIPAA may not disclose protected health information based on an individual’s admitted participation in a violent crime if the statement was made either during therapy, counseling or treatment aimed at lessening the individual’s propensity towards violence, or through a request for such therapy, counseling or treatment. The protected health information that may be disclosed under this exception is subject to the same limitations as placed on the exception made for identifying and locating a suspect.20

Jails, prisons, law enforcement custody: Correctional institutions and law enforcement officials may obtain the protected health information of individuals in their lawful custody. In such cases, however, a covered entity may only disclose information if the requesting body represents that the protected health information is necessary: 1) to provide health care to the individual, 2) to protect the health and safety of the individual or other inmates, 3) to protect the health and safety of officers, employees or others at the correctional institution, 4) to protect those involved in the transfer or transporting of the individual, 5) to promote law enforcement on the premises of the correctional institution, or 6) to maintain and administer safety, security and good order in the correctional facility.21 An individual is not subject to this exception when released on parole, probation, supervised release, or otherwise is no longer in lawful custody.22

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The following info is correct, but as written, this WV bill only states "Probable Cause" instead of "obtaining a court order, warrant, subpena, or summons issued by a judicial officer or grand jury subpena" as stated in the HIPPA law. As I stated above, if this is passed by the state of WV, it will not will not stand in the Federal Courts unless the language of HIPPA is changed by our U.S. CONgress and POTUS, which can verry well happen. (Sarcasm Added).

See that my big thing with this for year I have always had to get a subpeona and thats no big deal if you can show and state the facts you base your cause on. Now this has been in affect for our state police for a couple of years and when the other L.E.O. Depts wanted to have the info this came out. So the DPS has been getting this info at their request. Im all for things to help me do my job and to protect the citizens but I do not agree with this this is another one of those closed doors that has got out to the public.

"If the Constitution and the Union established by our forefathers" were "restored" then there will be no truer supporters of that union and that Constitution than the Southern people. Every brave people who considered their rights attacked and their Constitutional liberties invaded, would have done as we did. Our conduct was not caused by any insurrectionary spirit nor can it be termed rebellion, for our construction of the Constitution under which we lived and acted was the same from its adoption and for eighty years we have been taught and educated by the founders of the Republic and their written declaration which controlled our consciences and actions."(General R.E. Lee)